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(영문) 서울중앙지방법원 2018.05.15 2017가단5031213

가등기말소

Text

1. The Defendant on August 9, 2017, on the public sale procedure by Korea Asset Management Corporation (Management Number B) to the Plaintiff.

Reasons

1. The Plaintiff’s claim against D has a claim based on a final and conclusive judgment that “D shall jointly and severally with E pay to the Plaintiff 17,581,773 won and 13,266,099 won per annum from April 1, 2005 to the date of full payment” with the content that “D shall pay to the Plaintiff 17% interest per annum from April 1, 2005 to the date of full payment.”

D’s establishment of the right to collateral security under the name of the Defendant on July 11, 2005, owned the instant real estate by acquiring the ownership of 3,888 square meters in Gyeonggi-gun, Gyeonggi-do (hereinafter “instant real estate”). However, the registration of collateral security was completed on July 19, 2005, with respect to the instant real estate as “debtor D, the maximum debt amount of 39,000,000 won, and the Defendant of the mortgagee,” under the 16104 received on July 19, 2005, with respect to the instant real estate, two times the establishment of the right to collateral security was completed on July 25, 2005, namely, “the debtor D, the maximum debt amount of 39,000,000 won, and the Defendant of the mortgagee.”

On January 12, 2006, when D did not pay local taxes, the military court requested the Korea Asset Management Corporation to sell the real estate by public auction in around 2016 after completing the registration of seizure based on the disposition of arrears on the real estate in this case owned by D.

Accordingly, the Korea Asset Management Corporation has conducted a public auction procedure with respect to the real estate in the Korea Asset Management Agency B, the Korea Asset Management Corporation requested the payment of credit amount to KRW 44,681,687 in the above public auction procedure.

After July 10, 2017, when the price was paid after selling the instant real estate in KRW 26,111,00,00, the Korea Asset Management Corporation distributed KRW 26,112,840 to the sum of the sale proceeds and the deposit interest, which was distributed to the Korea Asset Management Corporation on August 9, 2017, after deducting KRW 1,241,670 from the first priority order, and then allocating KRW 1,058,960 to the Korea Seocheon-gun Office in the second priority order, and the remaining amount is 23.